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DAP Forums > DREAM Act > The Lounge

Greencard trough marriage

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#1
01-08-2018, 12:35 AM
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I'm sure this question has been asked over and over... my question is will me and my family be separated if I file?... I did enter without inspection, have been married for 10years have 4 kids. I'm currently in DACA and it expires in 2019.... thanks in advance
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#2
01-08-2018, 12:44 AM
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I'm not an immigration expert. But my understanding is that if you entered without inspection and have been living in the country for a year or more than that automatically triggers the 10 year ban. You can only adjust by going back to your home country and even then that can take years.

Here is more info on that.

Quote:
An individual who is unlawfully present for longer than one year and leaves the U.S. after such unlawful stay, is ineligible to receive a visa to the U.S. for a period of 10 years.

These are what are known as the 3 & 10 year bars and can only be amended by an act of Congress. They are triggered upon leaving the U.S. Under the INA, a waiver for the bar is available only to individuals who can demonstrate “extreme hardship” to a U.S. citizen or lawful permanent resident spouse or parent by reason of their ineligibility to remain in the U.S.

Some individuals, even if unlawfully present in the U.S., are eligible to adjust their status through marriage to a U.S. citizen to that of a lawful permanent resident. To qualify for adjustment of status, individuals must satisfy certain requirements including being “admissible” to the U.S. As explained above, individuals in EWI status are not admissible, even if they are the beneficiaries of a family petition (by spouse or parent).

Thus, the law requires them to leave the U.S. and present themselves to a consular post abroad where their eligibility to receive a visa will be assessed, including a determination of whether that individual is admissible.

However, because individuals in EWI status are subject to the 3 & 10 year bars once they depart the U.S., even if they leave to lawfully re-enter, they must obtain a waiver to overcome a bar, receive a visa, and adjust their status to permanent resident. Under current law, this waiver can only be obtained at a consular post abroad and may take up to a year for a decision to be made.
A lot of dreamers we're able to adjust by using Advance Parole. Which made the process a lot easier. But with Trump ending DACA you can no longer apply for AP.
Last edited by Copper; 01-08-2018 at 12:48 AM..
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#3
01-08-2018, 01:56 AM
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You will have to go via the I-601 route. You should head over to immigrate2us.net for further inquiries. The specialize in it mainly.
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#4
01-08-2018, 03:27 AM
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Quote:
Originally Posted by heist_29 View Post
I'm sure this question has been asked over and over... my question is will me and my family be separated if I file?... I did enter without inspection, have been married for 10years have 4 kids. I'm currently in DACA and it expires in 2019.... thanks in advance
If you entered without inspection. Your best option to fix your status is applying for i130 petition by your USC spouse. Once that is approved, you can apply for i601A hardship waiver which if approved allows you to stay here and wait for your visa interview abroad. Once everything is approved your able to come back into the country as a long term permanent resident. This option takes time, but it limits you having to be away from your family.
I have a cousin who utilized this option, it took her almost 2 years for everything to get approved, but once approved she left the country with her family for 2 weeks to complete her visa interview at the us embassy abroad, then came back to the U.S. as a permanent resident.
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#5
01-08-2018, 10:26 AM
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My wife and I are currently going through this process.

In summary, your US citizen/resident spouse will have to submit form i-130 and wait for it to get approved. Once that's approved, pay for the Visa fees and submit form i-601a. Wait for that one to get approved also. Finally, go to a consular interview in your home country to obtain a visa. If every thing goes well, you'll come back as permanent resident.

Usually, if your i-601a form gets approved, you have very good chances of getting the visa approved and coming back to the US. From what i've heard, you wont have to spend much time abroad for the interview. Not more than 10 days, usually.

Check out the Official I-601a Thread:
http://dreamact.info/forum/showthread.php?t=78973

Talk to an experienced lawyer.
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#6
01-08-2018, 11:13 AM
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You have a very strong case to make for I-601A since you have been married for so long and have 4 kids together. I know a couple who got approved by focusing on their 2 kids for hardship. You need to talk to an experienced lawyer ASAP and put in your I-130 right away since the wait can be pretty long sometime.

I sent my application in November. Come to this thread for resources.
http://dreamact.info/forum/showthread.php?t=78973
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#7
01-08-2018, 06:43 PM
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Thank you so much for all the feedback... I will be looking for a lawyer soon... worst comes to worst I'll do my ban in canada lol.... I have no one in mexico��
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